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Gelman Gelman Wiskow & McCarthy LLC
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Victims of Unsafe Product Injuries Need to Weigh the Costs against the Benefits Before Taking Legal Action

Anyone who suffers injuries from unsafe products has the right to pursue compensation from the responsible parties. However, products liability suits can be very costly. By all means, seek advice from an experienced products liability attorney, but do not be surprised if you learn that the costs of a full trial outweigh the compensation you can expect to receive.

The process of developing a product entails a series of detailed steps. When a product causes injury, the victim needs to identify specifically where within the process negligence occurred. The possibilities include the following:

  • Design. The product may have operated exactly as it was designed, but the designer failed to identify design flaws that could injure consumers.
  • Manufacture.  Even a well-designed product can experience numerous issues, from the use of faulty parts from outside vendors to errors in the manufacturing process itself.
  • Documentation. The manufacturer is also responsible for providing the consumer with proper direction to operate the product safely. This includes everything from setup and user manuals to prominent safety warnings affixed directly to the product.

Filing a products liability claim can be expensive. Your attorney needs to conduct extensive research to identify exactly what part of the process created the flaw that caused your injuries and retain expert witnesses who can support your case in court. You also need to keep in mind that the defendants in your lawsuit stand to lose their reputations in addition to the expenses they incur due to your specific lawsuit. Manufacturers and their insurers can be powerful foes as they mount a vigorous defense against you.

Before you decide to take legal action, your lawyer should present an honest assessment of the full costs of your case, the likelihood that you’ll win and the value of the settlement or award you can reasonably expect if the jury rules in your favor. If your injuries are minor, you may choose to forego the lawsuit and file an unsafe product report with the Consumer Product Safety Commission to help protect other consumers from repeating your experience. However, for serious injuries, a product liability lawsuit can help you recover the full costs of medical treatment and the other losses you suffered.

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